Sunni Ulema Council Proposes New Nikahnama, That Bars The Husband From Pronouncing Triple Talaq

The Sunni Ulema Council, a prominent body of Sunnis Muslims, has proposed a new set of guidelines and rules to be incorporated in the new version of the nikahnama (Islamic marriage contract).

This newer version of the nikahnama bars a man from giving triple talaq in one go. Unlike the old version, Aadhar numbers of the man and woman, along with those of the witnesses, would be mentioned in the marriage contract. It also ensures the woman’s right to divorce. 

Haji Mohammad Salees, the convener of the Sunni Ulema Council told Hindustan Times, “We are giving them to the clergy to build a consensus on it and also promote it in place of the old one that had none of the conditions mentioned in this one.”  

According to the draft, the nikahnama gives the woman the right to divorce and binds the clerics and witnesses to give their testimony in case the issue reaches a court. The name and address of the cleric who solemnises the marriage would also be mentioned in the contract, the draft states.

The document will be made available in Urdu as well as in Hindi, for better understanding for those who are not much familiar with the Urdu language.

The new version of nikahnama has been approved by the All India Muslim Personal Law Board (AIMPLB). The AIMPLB would also help in conducting pre and post marriage counselling sessions and distribute books on the rights of husband and wife. As the president of the board, Syeda Tabassum said, “The new nikahnama will formally be in use from Eid this year.”

Marriage, the AIMPLB told the Supreme Court in 2017, is essentially a contract according to Islam, and a Muslim woman can choose to insert specific clauses and conditions in her nikahnama (marriage contract) to safeguard her own interests – including the rejection of instantaneous triple talaq that Muslim men can pronounce to divorce their wives.

The Islamic nikah is the only religious marriage that sees marriage as a contract between husband and wife rather than a holy sacrament. And in an ideal nikah, both the bride and the groom would have the right to mutually negotiate the terms of their contractual union.